Hearing for city billboard lawsuit on May 8

By Joseph Basco | jbasco@mrt.com

Published 5:17 pm, Sunday, April 26, 2015

Photo: Rachael Gleason/Reporter-Telegram

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The intersection of Rankin Highway and Collins Avenue is one of three sites where Lockridge Outdoor Advertising wanted to build a billboard, was did not get approval from City Council. The billboard company is suing the city of Midland, claiming that it did not have to apply for the separate permit that the council did not approve and the city illegally put billboard permit applications on hold to move forward on restrictive billboard ordinance revision. less

The intersection of Rankin Highway and Collins Avenue is one of three sites where Lockridge Outdoor Advertising wanted to build a billboard, was did not get approval from City Council. The billboard company is ... more

Photo: Rachael Gleason/Reporter-Telegram

Hearing for city billboard lawsuit on May 8

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Lockridge Outdoor Advertising has not let up in its legal fight against the city of Midland and City Council regarding its denied billboard permits and alleged mishandling of the permit application process, and continued to file responses as of Wednesday.

But the entire case may be thrown out on May 8 when 142nd District Court Judge George “Jody” Gilles will conduct a hearing about a motion to dismiss, as requested by the city.

On Nov. 26, Lockridge filed a lawsuit against the city, alleging that the company’s billboard permits were held for months while the city was drafting a new billboard ordinance. The company also had an issue with being told to apply for a separate specific-use permit for the billboards in addition to the normal billboard permits, despite the ordinance at the time stating it was not necessary. Eventually, the city denied Lockridge’s permit applications. The company alleged that the denial was “without cause or rational reason,” according to a court document filed by Lockridge on Wednesday.

“The city and City Council have abused their discretion by action without reference to any guiding rules or principles of law, by failing to perform ministerial duties provided under the Code, and by continuing to illegally and incorrectly interpret and apply the Midland City Code and applicable law,” states the response filed by Lockridge on Wednesday.

The city response to the lawsuit is that it has sovereign immunity and City Council has the power to approve or deny permit applications on a case-by-case basis. The city added that Lockridge has no standing -- or ability to sue -- in this matter. Thus, the city called for the judge to dismiss the lawsuit.

On Wednesday, Lockridge asked the court to deny the city’s request to dismiss the case.

Gilles will hold a hearing May 8 for various matters in the case, including the motion to dismiss.

Lockridge believes the case should continue and posed counter arguments in its Wednesday response.

One of the main facets of the lawsuit is the extent of City Council’s discretion when it comes to approving or denying billboard permits.

The city and City Council will maintain that the council approves or denies items based on their subjective viewpoints.

During the Feb. 24 council meeting, City Council denied Lockridge’s five specific-use permit requests. Mayor Jerry Morales said after the meeting that the council members voted based on how they felt, or by their discretion, such as their feelings about the location, safety and opposition letters.

Lockridge, in one of its Wednesday counter arguments, said the council does not have that discretion when it comes to the billboards that were denied. The billboard ordinance at the time allowed for billboards in C-3 commercial districts without a specific-use permit. The zones that required a specific-use permit were LR-2 and LR-3 retail zones, C-1 commercial zones and BP zones.

Since the billboards were going to be put in a C-3 commercial district -- and the wording of the ordinance at the time said billboards are “permitted” in C-3 districts -- Lockridge argues “the city has necessarily waived any discretion to grant or deny permit applications that satisfy the other physical and objective requirements found in the Code,” according to the court document.

So in other words, Lockridge is arguing that the city should have approved the billboard permits, and denying them was not a choice, because a denial resulted in “due process, equal protection and First Amendment violations,” according to the document.

The city revised its billboard ordinance in January. Billboard applicants now are required to get both a sign permit and specific-use permit. The new ordinance also implemented a plan to phase out billboards within Loop 250 boundaries.

City Council on Dec. 14 approved hiring Cotton, Bledsoe, Tighe & Dawson law firm to work on this case.

City Council members were added as defendants in the lawsuit as it continued through the first months of the year.

The city did not comment on this ongoing litigation, and neither did Lockridge Outdoor Advertising.

City Council plans to discuss the lawsuit with attorneys on Tuesday during the closed door executive session of the council meeting, according to the council agenda.